After a parent died from lung cancer, her financially independent adult child sued a cigarette manufacturer and obtained $4.5 million in noneconomic damages under Florida’s wrongful death statute. The Fourth District Court of Appeal held that the trial court abused its discretion in denying the manufacturer’s motion for a new trial or reduction in damages.
The Florida Justice Reform Institute filed an amicus curiae brief in the Florida Supreme Court, arguing the Court should discharge jurisdiction because the Fourth District’s decision did not expressly and directly conflict with a prior decision on the same question of law.
However, in a 5-2 decision, the Florida Supreme Court reversed the Fourth District and found that the trial court did not abuse its discretion in denying the motion for a new trial and the motion for remittitur. The Court also found that the Fourth District erred in capping the amount of noneconomic damages which may be awarded to a financially independent adult child for a parent’s wrongful death. Justice Polston, joined by Chief Justice Canady, dissented, and agreed with the Institute’s argument that the Florida Supreme Court should not have accepted jurisdiction of the case.
FJRI represented by Jason Gonzalez and Amber Stoner of Shutts & Bowen LLP and William W. Large